WAQF EDITION

Wan Khairul Fadhly Muhammad Haziq Ahmad Firdaus

Participant Host Participant
“Always out of breath
“Small-small cili padi”
But never out of ideas”
 Zulkairi has two sons and a daughter. One of his sons, Ameer, has an autism spectrum
disorder (ASD) where in most occasions, he could not even attend to his personal needs.
Zulkairi and his wife, Amina has given a deep thought about establishing a family waqf
specifically dedicated for Ameer. In the future, the benefit of the family waqf would help
in assisting the other siblings in providing special care for Ameer. To realise this,
Zulkairi and Amina planned to dedicate

i) 20% of his saving in his Tabung Haji (Hajj Foundation)

ii) 30gm of his wife jewelleries,
iii) 30% of his annual royalties from his songs
iv) all the dividends from his shares in A&B performances and Concert Sdn. Bhd.

Zulkairi seeks your opinion on the legality of the mawquf and the process for the
registration of the waqf in the state of Selangor.
Whether the shares and dividends of A&B performances
and Concert Sdn Bhd can become mawquf?
 SHARE WAQF - CORPORATE
IN LOVING MEMORIES
WAQF
MAGDA MOHSIN
Corporate waqf is the confinement of an amount of liquid money, shares, profit, dividends by
founder(s) such as individuals, companies, corporations, organizations or institutions, and the
dedication of its usufruct in perpetuity to the welfare of society.

Section 23 - Wakaf of shares

(1) The Corporation may accept-

(a) shares, bonds, sukuk or other instruments for valuable guarantee; and (b) benefits from the
units of share, bonds, sukuk or other instruments for the said valuable guarantee, given by way
of wakaf by any person, society or institution provided that the business or investment carried
out is consistent with Hukum Syarak.

(2) Any property acquired or developed from the proceeds of sale of shares, bonds, sukuk or
other instruments for valuable guarantee under paragraph (1)(a) shall be a mawquf.
 SHARE WAQF - CORPORATE
IN LOVING MEMORIES
WAQF

ILLUSTRATION
(a) A owns one thousand units of share in company B. A may
wakaf all or part of the saidunits of share for the purpose of
wakaf am or wakaf khas to the Majlis.
(b) A owns one thousand units of share in company B. A may
wakaf the dividend from the said units of share for the purpose
of wakaf am or wakaf khas to the Majlis.
IN LOVING MEMORIES

CONCEPT IMPLEMENTATION

Waqif - A&B performances and Concert Sdn.

Bhd.
Mawquf - Shares and dividends
Mawquf alaih - Siblings
Sighah - to provide special care for Ameer
What types of waqaf for Tabung Haji and 30 gm of
jewellery?

Share Waqaf Cash Waqaf

Corporate Waqaf Uwafakah Waqaf

IN LOVING MEMORIES
CASH WAQAF
TABUNG HAJI AND JEWELRY
Section 20 of Selangor Waqaf Enactment
A mawquf may consist of- (a) movable property;
Article 128 of the Mejelle defines movable property
the terms movable as any property which can be transferred from one place to
another. This include cash and jewellery
Section 2 of Selangor Waqaf Enactment
“cash wakaf” means any cash contribution, gold value or those similar thereto from
any person for any purpose of wakaf;
Is the giving of some money from one's possessions, and then performing a waqf based
on that amount and offering
It to people who are entitled to get the benefits from the return of waqf or allocating it for
the community development in this case, the additional expenses for ameera
A great alternative for immovable property
IN LOVING MEMORIES
CASH WAQAF
APPLICATION
Accordingly, the Tabing Haji and the jewellery can be used as a valid
mawquf under Cash Waqaf
Both of the Mawquf fall under the type of cash waqaf
Cash waqaf is considered as a valid waqaf under the Selangor Waqaf
Enactment
Hence:
Waqif: Zulkairi and Amina (the parents)
Mawquf: 20% from Tabung Haji saving and 30gm Jewellery
Mawquf Alaih: Ameer
Sighah: To provide assitant for special care of Ameer
Whether song royalties can become mawquf?
IN LOVING MEMORIES

SONG ROYALTIES -
INTELLECTUAL PROPERTY
SECTION 20 - INTELLECTUAL
PROPERTY

Can royalties from Zulkairi’s songs become mawquf?

An article made by Chrisna Bagus Edhita Prajaa supports this idea
As long as it is shariah compliant which is required in s18 where
the wakaf will be invalid if it is inconsistent with hukm syarak
 What is the procedure of registration of
Waqaf according in Selangor?

Section 20 Section 10

Section 15 Section 2
IN LOVING MEMORIES PROCEDURE OF WAQAF
IN ACCORDANCE WITH SELANGOR WAQAF
ENACTMENT
Section 15 of the Selangor Waqf Enactment
(1) Any person who wishes to wakaf his property as a mawquf may do so by completing a
form as may be determined by the Corporation.
(2) Any application for registration shall be registered by the Registrar of Wakaf in the
Register of Wakaf as soon as may be practicable.
(3) The Corporation shall provide a Register of Wakaf for-
(a) any mawquf where the Majlis is the sole trustee; and
(b) any mawquf where the Majlis is the mawquf ‘alaih.
(4) The Register of Wakaf shall be the final proof as to the facts stated in the Register of
Wakaf.
(5) All instruments which create, which become the evidence or which affect any wakaf,
together with any document of title or other security relating thereto, shall be held and
kept by the Chief Registrar of Wakaf.
IN LOVING MEMORIES PROCEDURE OF WAQAF
SIMPLIFIED VERSION
Complete form by the Application registered
Waqaf Corporation by regsitra of Register
Selangor of Waqaf
Section 15(1) Section 15(2)

Register of Waqaf will

be the final proof of
Corporation will provide Waqaf
Register of Waqaf for Section 15(4) All documents will be
any mawquf where held by the Chief of
Majlis is the sole trustee Register of Waqaf
or the mawquf alaih
Section 15(5)
Section 15(3)
IN LOVING MEMORIES PROCEDURE OF WAQAF
IN ACCORDANCE WITH SELANGOR WAQAF
ENACTMENT
Section 13 of the Selangor Waqf Enactment
A wakaf shall commence when all pillars and conditions for the
creation of a wakaf pursuant to Hukum Syarak have been fulfilled.

Section 18 of the Selangor Waqf Enactment

A wakaf is invalid if-
(a) Made for any vice purpose;
(b) Made to any person for a purpose which is not being devoted
to Allah; or
(c) Is inconsistent with Hukum Syarak
WAQF EDITION